Can I use my E-2 business to apply for the EB-5 visa?

Yes, it is possible to use your E-2 business as a basis to apply for an EB-5 visa, provided that the business and investment meet all EB-5 requirements. Most importantly, you must demonstrate that your investment (generally $1,050,000 or $800,000 if the business is located in a Targeted Employment Area or qualifies as an infrastructure project) was placed at risk for the purpose of generating a return and that it directly resulted in the creation of at least 10 full-time jobs for qualifying U.S. workers. If those jobs were created as a result of your investment, they may be counted toward the EB-5 job creation requirement. However, if the jobs existed in the business before your investment or acquisition, they typically do not qualify (unless the business meets the criteria of a “troubled business,” which requires, among other things, demonstrating a net loss of at least 20% over the past 12 to 24 months). You must also prove that the capital was lawfully sourced and that you are actively involved in the management of the enterprise. If these conditions are met, a transition from E-2 to EB-5 may be viable.

Yes, only if you can prove the EB-5 capital of $800,000 or $1,050,000 is lawfully obtained. The income from the E-2 business can also be part or all of the EB-5 capital. The other thing is you need to prove that your E-2 business will create ten qualifying jobs because of your investment of the EB-5 capital, that may be an issue when you calculate the jobs, for example, if jobs were created before your EB-5 capital, the jobs cannot be counted.

Absolutely this is a possibility. Feel free to schedule a consult to go over the details to see if this will work or what more would need to be done to make it work. We have done several cases like this.

It is possible provided that it meets all the requirements to qualify for the EB-5, including investing $800,000 or $1,050,000, showing a legitimate source of funds and creating 10 full-time jobs.